Terms of Use

These terms are effective as of October 18, 2017

Acceptance and Use of the Website

This web site “Shopthethirdfloor” is owned and operated by Stark Scalamandre Fabric LLC. By accessing, using, registering for, or purchasing merchandise from Shopthethirdfloor, you agree to be bound by these terms of use. All visitors to and users of the Site are bound by these Terms. Shopthethirdfloor has the right to modify the Terms at any time without prior notice to you. Please read these Terms carefully each time you use the Site. You understand that by using the Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Site.

Privacy

Shopthethirdfloor believes in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Your Account

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether you authorize such activities. Any User ID and password for your access to the shopthethirdfloor.com website shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session

Copyright

If you believe that any content on the Website violates your copyright, please provide us the following information at cs@shopthethirdfloor.com

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed

A description of where the material that you claim is infringing is located on our site

Your address, telephone number and email address

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Trademarks

The trademarks, service marks, and logos used and displayed on our site are registered and unregistered trademarks of ours. You must not use such trademarks without the prior written permission of Shopthethirdfloor. All other names, logos, product and service names, designs on this Website are the trademarks of their respective owners.

Warranty Disclaimer

ALL MATERIAL, INCLUDING THE TEXT, PICTURES AND STORE REFERENCES, ON THIS SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIAL, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS, AND ALL WARRANTIES WHICH MAY BE IMPLIED FROM COURSE OF CONDUCT OR COURSE OF DEALING. WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL PRICES AND PRODUCTS ARE SUBJECT TO CHANGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES DUE TO ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR ANY DELAY OR INABILITY TO USE THIS SITE EXPERIENCED BY YOU, OR DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THIS SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THIS SITE OR THE MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Applicable Law

By visiting the Shopthethirdfloor, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and shopthethirdfloor.

Product Descriptions

Shopthethirdfloor.com attempts to be as accurate as possible. However, shopthethirdfloor.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by shopthethirdfloor.com itself is not as described, your sole remedy is to return it in unused condition with the approval of our customer service department.

Returns and Exchanges

Please see our return policy

Cancellations

Orders you submit online may be cancelled until they are processed.

Prices

Prices to be paid are listed as a per item basis quoted by us, plus applicable taxes, shipping and handling charges. Prices are subject to change without notice. All orders are invoiced at the prices in effect on the date the order is accepted.

Severability

A holding that any term or condition of this Agreement is void and unenforceable shall not render void or unenforceable any other terms or conditions of this agreement.

Force Majeure

We shall not be liable for any delay in delivery or failure to deliver any or all the products if such delay or failure is caused by lockouts or other labor disputes, production interruptions or limitations, shortages or late delivery of raw materials, Acts of God, or other causes beyond our control.

Risk of Loss

All items purchased from shopthethirdfloor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Changes of Terms

We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the shopthethirdfloor site after any modifications indicates your acceptance of the modified Terms.